Minority bill appealed

By MARC KOVACDix Capital Bureau Published: January 15, 2014 4:00 AM

COLUMBUS -- Attorney General Mike DeWine and Secretary of State Jon Husted are appealing a preliminary injunction issued earlier this week by a federal judge that paved the way for Libertarians and other minor party candidates to appear on this year's primary and general election ballots.

The notice of appeal was filed in U.S. District Court for Southern District of Ohio, Eastern Division.

Dan Tierney, spokesman for the attorney general, said a motion to expedite the hearing process also was filed, with hopes for a quicker resolution through the Sixth Circuit Court of Appeals.

Minor party candidates had filed suit to stop a new state law from taking effect that would have blocked them from appearing on primary ballots and set new signature requirements for the November ballot.

Legal counsel representing the state has requested court filings in the case be submitted over the next two weeks, thus providing enough time for a decision before the Feb. 5 filing deadline.

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According to documents, "If this court overturns the District Court's grant of a preliminary injunction, minor political parties would need to submit their party formation petitions no later than July 1, 2014, to qualify for the general election ballot. If this appeal were heard in the normal course, it might result in a situation where the preliminary injunction is vacated and the Plaintiffs would have little, if any, time to obtain the signatures necessary to qualify for ballot access in 2014. Expediting the decision of this appeal is necessary to ensure that Plaintiffs have ample time to qualify for the 2014 ballot under either set of rules."

In November, the Ohio House and Senate passed and Kasich quickly signed SB 193, codifying petition requirements for Libertarians, Green Party candidates and other minor parties.

The law changes would have blocked minor parties from participating in the May primary but given them until mid-year to collect signatures to qualify for the November election.

Proponents said the legislation was needed because existing state law was ruled unconstitutional about seven years ago, leaving minor party placement on ballots up to the secretary of state.

But opponents said the law changes were being moved quickly through the legislature to protect Republican incumbents in the November general election, making it harder for minor parties and candidates to reach the electorate.

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The Libertarian Party of Ohio filed suit in November to block the new law from taking effect, calling it the John Kasich Reelection Protection Act.

Earlier this week, a federal judge ordered Husted to provide affected candidates "access to the 2014 primary and general elections" in accordance to earlier-issued directives.

Matt McClellan, spokesman for secretary of state, said Husted is not necessarily "appealing the constitutionality" of the injunction. Rather, the state's chief elections official wants to know how to apply directives issued last year.

"We're seeking to clarify the remedy the judge ordered," McClellan said. "... We issued (minor party ballot directives) in 2013 that applied to 2013. We issued in 2012, 2011. ... We don't want to have old rules being applied to future elections."

Marc Kovac is the Dix Capital Bureau Chief. Email him at mkovac@dixcom.com or on Twitter at OhioCapitalBlog.